Reviewer's role
Statutory functions
The statutory functions of the Independent Reviewer of Terrorism Legislation are as follows.
Terrorism Acts
The Independent Reviewer is tasked under section 36 of the Terrorism Act 2006 with the annual review of the operation of the Terrorism Act 2000 and Part 1 of the Terrorism Act 2006. The last review was laid before Parliament in July 2011, and the next one is likely to be published in June 2012. The matters for review include:
- proscription of organisations
- stop and search powers (including at ports)
- arrest and detention powers
- prosecutions for terrorist offences
When section 117 of the Coroners and Justice Act 2009 is commenced, this task will include a power to consider whether the protections of Schedule 8 to the 2000 Act and PACE Code H have been complied with in respect of persons detained for more than 48 hours under section 41 of the 2000 Act.
Asset-freezing
The Independent Reviewer is tasked under section 31 of the Terrorist Asset-freezing etc Act 2010 with reviewing the operation of Part 1 of that Act as soon as reasonably practicable after 17 September of each year. The first such review was laid before Parliament in December 2011.
Control orders and TPIMs
The Independent Reviewer was tasked under section 14 of the Prevention of Terrorism Act 2005 with reviewing the operation of the 2005 Act, which provided for individuals to be placed under a bundle of restrictions known as control orders. The last annual report, intended as an epitaph on the control order system as well as just its operation in 2011, was laid before Parliament in March 2012.
Control orders have now been replaced by Terrorism Prevention and Investigation Measures (TPIMs). Under section 20 of the Terrorism Prevention and Investigation Measures Act 2011, the Independent Reviewer is tasked with reviewing the operation of the Act and producing an annual report. The first such report will be produced in early 2013.
Detention beyond 14 days
In the Protection of Freedoms Bill, which it is envisaged will be given Royal Assent in the first half of 2012, provision is made for the Independent Reviewer (or a person acting on his behalf) to review and report upon any detention prior to charge in excess of 14 days. Any such detention would first require a change to the law that currently limits such detentions to a maximum of 14 days, where permitted by a court.
Non-statutory functions
In addition to these statutory functions, the Independent Reviewer may of his own initiative or at the request of Ministers conduct reviews and produce reports on specific issues. "Snapshot" reports that have been laid before Parliament include:
- Report on the Definition of Terrorism (June 2007)
- Operation Pathway Report (October 2009)
- Operation GIRD Report (May 2011)
The Independent Reviewer gives written andor oral evidence when requested to Committees of Parliament. In 2011/12 these have included the Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills (on detention prior to charge), the Home Affairs Select Committee (on the roots of violent radicalisation) and the Joint Committee on Human Rights (on the Justice and Security Green Paper).
Where time permits, the Independent Reviewer also seeks to inform the debate on counter-terrorism law and civil liberties by writing articles, talking to the media, participating in police training and speaking at schools, universities and conferences.
Working arrangements
The Independent Reviewer has no staff and no salary. The post is part-time and not pensionable. The Reviewer is paid for his time at a standard daily rate, and may also claim for expenses reasonably incurred in carrying out the functions of the office. Those costs are met by the Home Office or, in relation to asset-freezing, the Treasury.
A room and some part-time administrative assistance is provided for the Independent Reviewer within the Home Office. The room is used on an occasional basis for meetings and for the review and storage of secret material. The Reviewer also travels widely within and outside the United Kingdom, in order to gather evidence and for discussions and conferences. However he remains based in his own office in central London, and cultivates a range of contacts without reference to the Government.
Since late 2011 the Independent Reviewer has benefited from the assistance of a Special Adviser, Professor Clive Walker of the University of Leeds. Professor Walker is one of the country's foremost experts in counter-terrorism law. He devotes a limited amount of time to producing regular bulletins of reading matter relevant to the Reviewer's functions, and may also assist on specific projects where requested to do so.
What the Independent Reviewer does not do
Though he is always grateful for contact with members of the public who have something to say that is relevant to his tasks, the Independent Reviewer cannot investigate or provide redress in respect of particular incidents.
The operation of statutes other than those listed above fall outside the remit of the Independent Reviewer. So, for example, he is not required to report on the operation of the Counter-terrorism Act 2008, or on asset-freezing other than under the Terrorist Asset-freezing etc Act 2010.
The Independent Reviewer's responsibilities do extend to Northern Ireland; but certain special measures applicable only to Northern Ireland, now treated as public order matters under the Justice and Security (Northern Ireland) Act 2007, are the responsibility of a separate Northern Ireland Reviewer, Robert Whalley CB.
The functions of the Independent Reviewer of Terrorism Legislation are distinct from (though occasionally confused with) those of the Interception of Communications Commissioner (currently Rt Hon Sir Paul Kennedy) and the Intelligence Services Commissioner (currently Rt Hon Sir Mark Waller), who are appointed under sections 57 and 59 respectively of the Regulation of Investigative Powers Act 2000.